82761: If a father needs money, can he take money that his son has earned in a café?

Can my father and mother who are in desperate need take money from my brother who owns a café in which people play cards and smoke the narghileh?.

Praise be to Allaah.

Firstly:

A father may
take whatever he needs from his son’s wealth, so long as that will not harm
the son.

That is
because of the report narrated by Ibn Maajah (2291) and Ibn Hibbaan in his
Saheeh from the hadeeth of Jaabir, and by Ahmad (6902) from the
hadeeth of ‘Abd-Allaah ibn ‘Amr (may Allaah be pleased with him), according
to which a man said: O Messenger of Allaah, I have wealth and a son, and my
father wants to take all my wealth. He said, “You and your wealth belong to
your father.” This hadeeth was classed as saheeh by al-Albaani in Saheeh
Ibn Maajah.

This taking
is subject to conditions that were stipulated by the fuqaha’. Ibn Qudaamah
(may Allaah be pleased with him) said: The father may take from his son’s
wealth whatever he wants, and it becomes his, whethere the father needs what
he takes or does not need it, whether the son is a child or an adult,
subject to two conditions:

1-
That he does not treat the son
unfairly or harm him, and he does not take anything that his son needs.

2-
That he does not take his son’s
wealth and give it to another son. This was stated by Ahmad, because it is
forbidden to single out one of his sons for giving from his own wealth, so
it is more forbidden to single out one of his sons for giving from another
son’s wealth. It was narrated that Masrooq gave his daughter in marriage for
ten thousand, then he took it and spent it for the sake of Allaah, and he
said to the husband: Provide your wife’s trousseau.

Abu
Haneefah, Maalik and al-Shaafa’i said: He does not have the right to take
from his son’s wealth anything but what he needs, because the Prophet
(peace and blessings of Allaah be upon him) said: “Your blood and your
wealth are scared to you, as sacred as this day of yours in this month of
yours.” Agreed upon. End quote from al-Mughni (5/395).

There is a
report which supports the view of the majority, that it is conditional upon
the father’s need. Al-Haakim (2/284) and al-Bayhaqi (7/480) narrated that
‘Aa’ishah (may Allaah be pleased with him) said: The Messenger of Allaah
(peace and blessings of Allaah be upon him) said: “Your children are a
gift from Allaah to you, ‘He bestows female (offspring) upon whom He
wills, and bestows male (offspring) upon whom He wills’ [al-Shoora 42:49].
They and their wealth are yours if you need it.” This hadeeth was classed as
saheeh by Shaykh al-Albaani in al-Silsilah al-Saheehah (2564).

If the
father needs money, he may take from his son’s wealth, and spend it on
himself and his dependents, so long as that will not harm the son, and he
should not take something that the son needs, like his car that he drives
and so on. See also question no. 9594.

Secondly:

Smoking
narghileh pipes is haraam, and the money that is earned from that is also
haraam, but if there are things in the café that it is permissible to eat or
drink, such as tea, coffee and so on, then the money that your brother earns
from the café is regarded as mixed wealth, which includes both halaal and
haraam. If that is the case, it is permissible for others to eat from it, if
they interact with its owner by buying, selling, accepting gifts and so on,
although it is better to refrain from dealing with him and taking his
wealth. But as your father needs this money, there is no sin on him if he
takes from him, but he should also advise his son to fear Allaah, may He be
exalted, and stop dealing in haraam things.

Al-Dasooqi
(may Allaah have mercy on him) said: If most of a person’s wealth is halaal
and a little of it is haraam, then it is permissible to deal with him, lend
him money or borrow from him, and eat from his wealth. But if most of his
wealth is haraam and a little of it is halaal, then Ibn al-Qaasim is of the
view that it is makrooh to deal with him, lend him money or borrow from him,
and eat from his wealth, and this is the correct view. But if all his wealth
is haraam, then it is not allowed to deal with him and lend him money or
borrow from him, or enter into any other financial transactions with him.
End quote from Haashiyat al-Dasooqi (3/277). See also question no.
45018.

With regard
to the ruling on playing cards, please see question no.
12567 and
321.